HomeMy WebLinkAbout20201405.tiff EXHIBIT
44?)
.D
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION
• `1 1.x.1
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille , that the following resolution be introduced for denial by the Weld County Planning
Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER COZ20-0002
APPLICANT : SCOTT T . AND S . LYNN LARAMORE
PLANNER : DIANA AUNGST
REQUEST : CHANGE OF ZONE FROM THE A (AGRICULTURAL ) ZONE DISTRICT TO THE I -
2 ( MEDIUM INDUSTRIAL ) ZONE DISTRICT
LEGAL DESCRIPTION : LOT A RECX17 -0067 : AND LOTS A AND B RECX17 -0068 : ALL BEING PART OF
THE E2SW4 OF SECTION 19 , T6N , R65W OF THE 6TH P . M . . WELD COUNTY ,
COLORADO .
LOCATION : NORTH OF AND ADJACENT TO AA STREET AND APPROXIMATELY 0 . 45 MILES
EAST OF CR 37 .
be recommended unfavorably to the Board of County Commissioners for the following reasons .
1 . The submitted materials are in compliance with the application requirements of Section 23-2- 50 of the
Weld County Code .
2 . The submitted materials are in compliance with Section 23-2 - 30 of the Weld County Code , as follows :
A . Section 23-2- 30 .A . 1 . - That the proposal is consistent with Chapter 22 of the Weld County .
Section 22-2- 20. 1. 2 - A . Policy 9. 2. states, "Consider the individuality of the characteristics and the
compatibility of the region of the County that each proposed land use change affects, while avoiding
requirements that do not fit the land use for that specific region . "
The City of Greeley' s Comprehensive Plan (adopted February 6 , 2018 ) overall vision for how the City
of Greeley will evolve is the outlined in the Growth Framework : Community Building Blocks . The
Growth Framework portion of the document identifies this area as " Urban Reserve" . The Urban
Reserve Areas are not anticipated to support urban development within the next twenty years . The
dominant use in many existing urban reserve areas is irrigated agriculture with some confined animal
feeding operations ( CAFOs) . There are also isolated rural subdivisions within these areas . In general ,
urban reserve areas lack the adequate public facilities needed to support urban- level development .
Section 22-2- 80. B - 1. Goal 3. states, "Consider how transportation infrastructure is affected by the
impacts of new or expanding industrial developments. "
The property is located north of and adjacent to County Road 66 (AA Street) . A paved two- lane road
with little to no shoulders . The Crossroads Boulevard/County Road 64 ( " O " Street) Conceptual
Design shows this section of County Road 66 (AA Street) as future connectivity between HVVY 85
and 47th Avenue . The future alignment of Crossroads Boulevard/" O " Street will diverge from a
planned roundabout at 35th Avenue to the northeast and tie into the existing AA Street alignment .
The Crossroads Boulevard/County Road 64 (" O " Street) Conceptual Design uses the City of Greeley
Design Criteria and Construction Specifications 4- lane minor arterial typical section to reflect the
future vision for this corridor as a significant future east-west connection . This will include a curb and
gutter section consisting of two 12-foot lanes in each direction , 6-foot bike lanes in each direction ,
and a 12 -foot raised median . Additionally , the 120-foot right-of-way section contains 8-foot tree lawns
and 8-foot detached shared use paths on each side of the right-of-way ( ROW) . Per City Design
Criteria , a design speed of 55 miles per hour ( mph ) was used for the horizontal and vertical layouts .
Since AA Street does not meet these criteria Industrial development should be postponed until such
time that AA Street has been improved .
The property is located within the Greeley Urban Growth Boundary but not adjacent to the city limits .
Even though these properties are located in the Urban Growth Boundary for the City of Greeley ,
Weld County does not have an Intergovernmental Agreement with the City of Greeley .
RESOLUTION COZ20-0002
SCOTT T AND S LYNN LARAMORE
PAGE 2
B Section 23-2-30 A 2 -The uses which would be allowed on the subject property by granting the
change of zone will be compatible with the surrounding land uses
The zoning on all adjacent properties is A(Agricultural) The closest property zoned Commercial or
Industrial is east of Highway 85,about a half mile away The uses adjacent and east and west of the
subject property are agricultural The use north of the subject property is residential and the uses to
the south include a Use by Special Review (USR) for a church, an agricultural services
establishment, and a drop/staging yard for tanks, pumps, hose/pipe and trucks, maintenance of
equipment and hydro-testing pumps/tanks While some of these uses to the south are Industrial they
are allowed by the Use by Special Review process The USR uses are non-permanent and may be
removed by action of the Board of County Commissioners or vacated per request of current or new
property owners Therefore, the uses that would be allowed on the subject property will not be
compatible with the surrounding land uses
C Section 23-2-30 A 3 -Adequate water and sewer service can be made available to the site to serve
the uses permitted within the proposed zone district
The North Weld County Water District Letter is dated 2017 and states that the ability to provide
service is good for one year form the date of the letter Currently per the application, the applicant
does not appear to have the ability to obtain water for Industrial zone district
The City of Greeley and North Weld County Water District(NWCWD)have adopted a Water Service
Agreement, dated February 5th, 2013, for providing water in this area When water service is
requested the City of Greeley will decide if water will be provided by the City of Greeley or NWCWD
in accordance with the executed Water Service Agreement
D Section 23-2-30 A 4 -Street or highway facilities providing access to the property are adequate in
size to meet the requirements of the proposed zone districts
Weld County Public Works has reviewed the application materials related to access Access for the
properties is currently being provided by two permitted existing accesses on to AA Street (both
permitted as AP17-00261) No new accesses are requested
Longer term is the proposed redesigned of County Road 64 ("O" Street) and County Road 66 (AA
Street) This new alignment will generate a new traffic circulation plan for the north Greeley area and
may result in new development opportunities Currently the local road is a paved two-lane road with
little to no shoulders This portion of County Road 66(AA Street)does not appear to be adequate in
size to meet the requirements of the proposed zone districts
E Section 23-2-30 A 5 - In those instances where the following characteristics are applicable to the
rezoning request,the applicant has demonstrated compliance with the applicable standards
1) Section 23-2-30 A 5 a —If the proposed Change of Zone is located within any Overlay District
identified by maps officially adopted by the County, that the applicant has demonstrated
compliance with the County regulations concerning Overlay Distncts Compliance may be
demonstrated in a previous public heanng oron the heanng concerning the rezoning application
The property is not within the MS4 Area, Geologic Hazard Overlay District, a Special Flood
Hazard Area or the Airport Overlay District The property is located in the Urban Growth
Boundary of the City of Greeley
2) Section 23-2-30 A 5 b -That the proposed rezoning will not permit the use of any area known to
contain a commercial mineral deposit in a manner which would interfere with the present or
future extraction of such deposit by an extractor to any greater extent than under the present
zoning of the property
The Mineral and Aggregate Evaluation,dated February 25,2020,submitted with the application
RESOLUTION COZ20-0002
SCOTT T ANDS LYNN LARAMORE
PAGE 3
indicates that the site does not contain economically viable deposits of sand and gravel
aggregate, quarry rock or minerals Additionally, the size of the property may hinder economic
viability as it is about 10 acres in size The Weld County Sand,Gravel Resources map of 1975,
shows there to be T-4 deposits T-4 is classified as stream terrace deposits that are unevaluated
aggregate such as coarse and fine aggregate resources that were not evaluated because of
inadequate exposures, lack of drill-hole data, location, access, poor potential, areal extent,or a
prior land uses that excludes the possibility of recovering aggregate
3) Section 23-2-30 A 5 c - If soil conditions on the site are such that they present moderate or
severe limitations to the construction of structures or facilities proposed for the site, that such
limitations can be overcome and that the limitations will be addressed by the applicant and/or
the applicant's successors or assigns prior to the development of the property
The Geotechnical Exploration and Percolation Test Report,dated July 28,2008,submitted with
the application did not indicate any concerns with site soils
This recommendation is based,in part,upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities
Should the Board of County Commissioners approve the proposal,the Planning Commission recommends
the following conditions
1 Prior to recording the plat
A The applicant shall address the concerns of the Public Works Referral relating to the proposed
parcels' access permits (Department of Public Works)
B An Improvements Agreement is required for on-site/off-site improvements at this location The
Improvements Agreement shall include, but is not limited to, information which demonstrates the
applicant's willingness and financial capability to upgrade the internal/external street/road or highway
facilities in conformance with the Transportation Plan (Department of Public Works)
C The plat shall be amended to delineate the following
1 All pages of the plat shall be labeled COZ20-0002 (Department of Planning Services)
2 The plat shall adhere to Section 23-2-50 C and D of the Weld County Code (Department of
Planning Services)
3 All recorded easements shall be shown and dimensioned on the Change of Zone plat
(Department of Planning Services)
4 AA Street is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full
buildout The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road If the existing right-of-way cannot be verified it shall be dedicated The applicant shall also
delineate the physical location of the roadway Pursuant to the definition of setback in the Weld
County Code Sec 23-1-90,the required setback is measured from the future right-of-way line
This road is maintained by Weld County (Department of Public Works)
5 Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential,Commercial/Industrial,or Oil and Gas) Public Works will review access locations as
a part of the plat submittal (Department of Public Works)
6 Show and label a 30-ft minimum access and utility easement to provide legal access to the
parcel on the plat (Department of Public Works)
RESOLUTION COZ20-0002
SCOTT T . AND S . LYNN LARAMORE
PAGE 4
2 . The following notes shall be delineated on the Change of Zone plat :
1 . The Change of Zone , COZ20-0002 , allows for 1 -2 ( Medium Industrial ) uses which shall comply with
the 1 -2 ( Medium Industrial ) Zone District requirements as set forth in Article III Division 4 of the Weld
County Code , as amended . ( Department of Planning Services )
2 . The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code . ( Department of Planning Services)
3 . The existing residences shall be converted to non- residential uses . such as an office . ( Department of
Planning Services)
4 . Any future structures or uses on site must obtain the appropriate zoning and building permits .
( Department of Planning Services)
5 . Building permits may be required . for any new construction or set up manufactured structure . per
Section 29- 3- 10 of the Weld County Code . A building permit application must be completed and
submitted . Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application . Currently the following has been adopted by Weld County : 2018
International Building Codes ; 2018 International Residential Code : 2006 International Energy Code ;
2017 National Electrical Code ; and Chapter 29 of the Weld County Code . A plan review shall be
approved , and a permit must be issued prior to the start of construction . ( Department of Building
Inspection )
6 . Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County-Wide Road Fee Impact Program and the County Facility Fee and Drainage Impact Fee
Programs . ( Department of Planning Services)
7 . The property owner or operator shall be responsible for controlling noxious weeds on the site ,
pursuant to Chapter 15 , Article I and II , of the Weld County Code . ( Department of Public Works)
8 . Weld County will not replace overlapping easements located within existing right- of-way or pay to
relocate existing utilities within the existing County right-of-way . ( Department of Public Works)
9 . All access and utility easements are dedicated for the benefit of all owners of lots depicted on this
plat , including owners of future lots created therefrom , regardless of lot configuration or number of
users . and without limitation of the use or intensity of the use of such easements . No lot owner may
install a gate or otherwise impede the use of such easements without the approval of all persons with
rights of use of such easements . ( Department of Public Works)
10 . Access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking . ( Department of Public Works)
11 . Prior to the release of building permits , the applicant shall be required to submit a complete access
application for a " preliminarily approved " access location as shown on this plat . ( Department of Public
Works)
12 . Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire
an approved Right-of- Way Use Permit prior to commencement . ( Department of Public Works)
13 . The historical flow patterns and runoff amounts will be maintained on the site . ( Department of Public
Works)
14 . Water service may be obtained from North Weld County Water District or the City of Greeley .
( Department of Public Health and Environment)
RESOLUTION COZ20-0002
SCOTT T AND S LYNN LARAMORE
PAGE 5
15 The parcel is currently not served by a municipal sanitary sewer system Sewage disposal may be by
septic systems designed in accordance with the regulations of the Colorado Department of Public
Health and Environment, Water Quality Control Division and the Weld County Code in effect at the
time of construction, repair,replacement,or modification of the system (Department of Public Health
and Environment)
16 Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction of
the soil or to structural loading detrimental to the structural integrity or capability of the component to
function as designed (Department of Public Health and Environment)
17 During development of the site,all land disturbances shall be conducted so that nuisance conditions
are not created If dust emissions create nuisance conditions, at the request of Weld County
Environmental Health Services,a fugitive dust control plan must be submitted (Department of Public
Health and Environment)
18 If land development exceeds 6 months in duration,the responsible party shall prepare a fugitive dust
control plan, submit an air pollution emissions notice application, and apply for a permit from the
Colorado Department of Public Health and Environment (Department of Public Health and
Environment)
19 Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations (Department of
Planning Services)
20 RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some of the most
abundant mineral resources,including, but not limited to,sand and gravel,oil, natural gas,and coal
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because(a)the state's
commercial mineral deposits are essential to the state's economy, (b)the populous counties of the
state face a critical shortage of such deposits,and(c)such deposits should be extracted according to
a rational plan,calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development Often times, mineral
resource sites are fixed to their geographical and geophysical locations Moreover,these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource
21 RIGHT TO FARM STATEMENT Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas open views,spaciousness,wildlife, lack of city noise and congestion,and the
rural atmosphere and way of life Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well-run agricultural
activities will generate off-site impacts, including noise from tractors and equipment, slow-moving
farm vehicles on rural roads,dust from animal pens,field work, harvest and gravel roads,odor from
animal confinement,silage and manure,smoke from ditch burning,flies and mosquitoes,hunting and
trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and
RESOLUTION COZ20-0002
SCOTT T AND S LYNN LARAMORE
PAGE 6
fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S ,provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County,property owners and residents must realize they cannot
take water from irrigation ditches, lakes,or other structures,unless they have an adjudicated right to
the water
Weld County covers a land area of approximately four thousand(4,000)square miles in size(twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities The sheer magnitude of the area to be served
stretches available resources Law enforcement is based on responses to complaints more than on
patrols of the County,and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies County gravel roads, no matter
how often they are bladed, will not provide the same kind of surface expected from a paved road
Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several
days after a major snowstorm Services in rural areas, in many cases, will not be equivalent to
municipal services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock,and open burning present real threats Controlling children's activities is important,not only
for their safety, but also for the protection of the farmer's livelihood
3 Upon completion of Conditions of Approval 1 and 2 above,the applicant shall submit one(1)electronic
copy(pdf)of the plat for preliminary approval to the Weld County Department of Planning Services Upon
approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services'Staff The plat shall be prepared in accordance with the
requirements of Section 23-2-50 C and D of the Weld County Code The Mylar plat and additional
requirements shall be submitted within one-hundred-twenty (120) days from the date of the Board of
County Commissioners resolution The applicant shall be responsible for paying the recording fee
4 The Change of Zone plat map shall be submitted to the Department of Planning Services'for recording
within one-hundred-twenty (120) days of approval by the Board of County Commissioners
5 In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be
recorded within the required one-hundred-twenty (120) days from the date the Board of County
Commissioners resolution a $50 00 recording continuance charge shall added for each additional 3-
month period
RESOLUTION COZ20-0002
SCOTT T AND S LYNN LARAMORE
PAGE 7
Motion seconded by Bruce Johnson
VOTE
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stifle
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I, Michelle Wall, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 5, 2020
Dated� the 5th of May,� y,2020
,IVk M L€e,o• uirje -
Michelle Wall
Secretary
EXHIBIT
•
?iL kuutk,5
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
5 ( 5 ( 2402-0 Tuesday . May 5 , 2020 2-40 - oco9_,
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair,
Michael Wailes . at 12 : 44 pm .
Roll Call .
Present : Michael Wailes , Bruce Johnson , Gene Stille , Tom Cope , Lonnie Ford , Richard Beck, Elijah Hatch ,
Skip Holland .
Also Present : Kim Ogle . Diana Aungst. and Maxwell Nader, Department of Planning Services : Lauren
Light . Department of Health : Mike McRoberts and Melissa King , Public Works : Bob Choate . County
Attorney , and Michelle Wall . Secretary .
CASE NUMBER : COZ20-0002
APPLICANT : SCOTT T . AND S . LYNN LARAMORE
PLANNER : DIANA AUNGST
REQUEST: CHANGE OF ZONE FROM THE A (AGRICULTURAL ) ZONE DISTRICT TO THE
1-2 ( MEDIUM INDUSTRIAL ) ZONE DISTRICT
LEGAL DESCRIPTION LOT A RECX17-0067 : AND LOTS A AND B RECX17-0068 : ALL BEING PART OF
THE E2SW4 OF SECTION 19 , T6N , R65W OF THE 6TH P . M . , WELD COUNTY ,
COLORADO .
LOCATION : NORTH OF AND ADJACENT TO AA STREET AND APPROXIMATELY 0 . 45
MILES EAST OF CR 37 .
Diana Aungst . Planning Services , presented Case COZ20-0002 , reading the recommendation and
comments into the record . The Department of Planning Services recommends denial of this application
with the attached conditions of approval and development standards .
Melissa King . Public Works . reported on the existing traffic , access to the site and drainage conditions for
the site .
Lauren Light , Environmental Health , reviewed the public water and sanitary sewer requirements , on -site
dust control , and the Waste Handling Plan . Ms . Light recommended Condition of Approval 2 . 14 . to be
changed to read , " Water service may be obtained from North Weld County Water District or the City of
Greeley . "
Commissioner Cope announced that he generated a soils report for this property in 2008 and wondered if
he should recuse himself. He said the soils report was for the residential use of the house and septic .
Mr. Choate explained that Commissioner Cope has the ability to recuse himself; however, since
Commissioner Cope was not involved with the development application as it is right now and the soils report
is not for the new proposal , he did not see an issue with Mr. Cope continuing with the case . Commissioner
Cope said he is not involved in the new proposal . The other Commissioners said they did not see a problem
with it .
Kris Pickett , 1211 9th Street . Greeley . Colorado , representing the Laramore . s . Mr. Pickett said that he is
frustrated and disappointed to come before the Board with a recommendation of denial from staff. He said
this is the first time in 25 years of being in Greeley , that a case he is presenting is recommended for denial .
Mr. Pickett said the applicants did a recorded exemption and have three residential lots . When the
applicants put the land on the market , all interested parties want to develop the properties for business . He
said they came in for a pre-application meeting in July 2019 and turned in an initial Change of Zone
application in October 2019 . Mr. Pickett said that he felt all responses with staff up until April 23 , 2020 ,
were either positive or neutral . He received the City of Greeley' s referral response on April 23 , 2020 . Mr.
Pickett said he received staff comments with recommendation for denial on April 29 , 2020 . He feels the
proposal would be compatible with the area . To the South of AA Street there is a grain elevator and oil and
gas tanks . The property is also near the JBS plant . Mr. Pickett said the Greeley Growth Area Map indicated
an Employment Corridor along U . S . Highway 85 . He said this site is a half a mile from that proposed
corridor.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
No one in the room wished to speak and no emails were received from the public who were viewing the live
stream
Commissioner Stile asked staff to pull up a google map of the area He wondered if there are any industrial
sites Commissioner Johnson said there is a USR on the old Monfort site Commissioner Cope said it
appears that the old Monfort site is now owned by West Plain LLC and Robinson Property Holdings Those
sites visually appear to be agricultural/industrial Ms Aungst said the applicant's property is surrounded by
agricultural use, but to the south there are two USR's with industrial use Commissioner Johnson stated
that he understands the applicant's frustration with zoning in this area
Commissioner Beck asked staff if the City of Greeley doesn't want the zoning changed because they want
houses built in that area in the future Ms Aungst said she would not interpret their referral to mean that,
she thinks they are saying it is urban reserve and not expecting it to develop for the next twenty years
Commissioner Holland said that the County has been educating the Planning Commission and others about
the plans for updating the Comprehensive Plan He wondered if the staff's recommendation was based on
the Comprehensive Plan that was recently adopted Mr Choate explained changes to the Comprehensive
Plan are currently being drafted and have not yet been adopted Commissioner Holland asked staff if they
are basing their decision on the City of Greeley's Comprehensive Plan Ms Aungst said there is not
currently a land use map or subarea plans for Weld County She stated that staff cannot support spot
zoning and there is not industrial zoning in the nearby area
Commissioner Cope asked staff why the applicant was not informed earlier that staff cannot support spot
zoning Ms Aungst said she sent an email on April 1, 2020, informing the applicant that they could not
support their request for a change of zone She said up until that time, they had not made a decision one
way or the other
Mr Picket said he did not receive that email He explained his frustration that during the last eight months,
there was no explanation there would be a recommendation of denial Mr Pickett said that staff should
have mentioned at the pre-application meeting that spot zoning would be a challenge
Bob Choate, County Attorney, explained that spot zoning is zoning that is not supported by the
Comprehensive Plan He said changes are being drafted for an updated Comprehensive Plan Mr Choate
explained it would be inappropriate for planners to make a recommendation on an application until they
have received all the referrals back and can apply those with the Comprehensive Plan
Staff recommended Condition of Approval 2 14 be changed to read, "Water service may be obtained from
North Weld County Water District or the City of Greeley"
Motion Amend Condition of Approval 2 14 as recommended by Staff, Moved by Tom Cope, Seconded
by Bruce Johnson
Vote Motion passed (summary Yes=6, No=2,Abstain= 0)
Yes Bruce Johnson, Elijah Hatch, Lonnie Ford, Michael Wailes, Skip Holland, Tom Cope
No Gene Stifle, Richard Beck
The Chair asked the applicant if they have read through the Amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Commissioner Johnson asked the County Attorney when the applicant could reapply if their application is
denied and then the zoning is changed in the updated Comprehensive Plan Mr Choate explained there
is provision in the Weld County Code in Chapter II that requires the applicant to wait five years unless they
can show a change in circumstances or change in law
Commissioner Cope said he agreed with the applicant that there is a good chance that in the future this
area could become an industrial area He said the Planning Commission has to base their decision on
today's criteria Commissioner Cope said it is his opinion that it would be spot zoning and does not meet
the criteria He said staff identified it well, but he wished they could have informed the applicant at an earlier
stage that it could not be supported
Commissioner Johnson agreed with Commissioner Cope He said that based on discussions about
updating the Comprehensive Plan and code changes with USRs, it has been difficult for making decisions
Commissioner Beck asked the County Attorney if the applicant could come back and apply for a USR before
five years Mr Choate said they could They would have to apply for a Substantial Change If the Board
of County Commissioners agrees that it is a substantial change, then the applicant could apply for a USR
Commissioner Holland asked if the applicant had applied for a USR with a specific proposal for a mixed
industrial use,would the mindset of approving the application be different The Chair explained that with a
USR the applicant has to apply for specific use and map out exactly what the site will look like However,
with a Change of Zone it is not known what Site Plan Reviews will be applied for, only what land use is
approved
Motion Forward Case COZ20-0002 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of denial, Moved
by Gene Stille, Seconded by Bruce Johnson
Vote Motion passed (summary Yes=7, No= 1, Abstain = 0)
Yes Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Skip Holland, Tom Cope
No Michael Wailes
The Chair stated that sometimes he feels that other municipalities or other organizations are dictating some
of the County's land use He said he thinks it is unfortunate that this applicant invested a lot of time and
money, but it does not meet the cntena for today, but could in the near future Mr Wailes said it is his
opinion that it seems like the decision for staff to recommend denial didn't occur until they heard the City of
Greeley's referral comments
Meeting adjourned at 3 29 pm
Respectfully submitted,
UAW-
Michelle Wall
Secretary
.5; 292Z2
ATTENDANCE RECORD
ses
NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL
John Doe 123 Nowhere Street, City, State, Zip
(5)614 C es- x z c . : Ykt4VVet/ 4 , ck Vfreciti i, onq
iugc � �� yCa2 WCi� X05 eeecba rq . �61,zil-3 , r'le,�c��(�' h - .fie gis7> o
, 305 aon VG r AVe Si( th 3Wl C' U� e* 1-t° s tv( �'1� � . lGW
Kr ; s Pia; / 2 / i rec.aL at: xix, kri1KpehkJhj
Cese-v-LJ
•
‘_/
a
•
CASE NUMBER C113 .°---(27Pf 46./ 21412.2".
(' NAME___(j40 Qt(
6 1 k(-./
ADDRESS 124-* D®1(6A_
II q (44Paki
qi
' EMAIL C V 1 I L - r� C).OM
,
if
PHONE 751 / CASE NUMBER
.i NAME -' l e ✓ ' "Ei ADDRESS 12C 7j4.•.04-- ) 5-‘4,20:2
t-3104%-v�, ��°*
- - - EMAIL J d 4 r 1^' '►F Q,, s„
i' CASE NUMBER 1 r/ /� -0075- PHONE 39) " i'5.9- 6.-ram,
,
NAME l2dis -9/( '
I I ADDRESS 4'5$Z Ida e/ cY
. ie,,4s L� Co 7- yI
EMAIL ekoo4 62X-2e•( _ ,.
PHONE 17-20-1% -4/5-5—
CASE NUMBER Co 2, Ze -
't �
NAME /`-�'p-- 73'd 1►
ADDRESS /11)
FI EMAIL .A..4 e J le-p 60/0 5U 717/(. ,co
PHONE C/ 5'90 ®60(01
ti
Ii
7
Hello